Tarannum Jahan vs State Of Uttarakhand And Others

Pankaj Purohit, J

Petitioner was initially appointed as Assistant Teachers in the State of U.P. on 12.11.1999. Subsequently, petitioner was promoted to the post of Head Mistress in Government Primary School, Pangoot, Block Betalghat, District Nainital on 09.08.2010. Later on, on 22.02.2015, she was promoted/absorbed to the post of Assistant Teacher (LT grade).

According to petitioner, she clearly deserves the benefits of the Government Order dated 22.02.2010, as she has completed her 10 years of service, however, even after lapse of substantial period, she has been deprived of the aforesaid benefit for grant of Selection Pay Scale. Feeling aggrieved, the petitioner has knocked the door of this Court seeking issuance of a writ in the nature of mandamus commanding the respondents to grant the petitioner Selection Pay Scale in the pay band of Rs.47600-151100/- Grade-Pay Rs.4800.

The petitioner has come up with the case in the present writ petition, that owing to the principles, which have been settled by the judgments rendered by this Court in a bunch of writ petition as decided by the Coordinate Bench with the leading writ petition being Writ Petition No.602 of 2014 (S/S), Deep Chandra Badhani and others vs. State of Uttarakhand and others, as decided on 11.04.2017, which was later on also followed by yet another Coordinate Bench of this Court, in a bunch of writ petitions, with the leading writ petition being Writ Petition No.102 of 2019(S/S) Gopal Singh Negi vs. State of Uttarakhand, as decided on 30.12.2020, he submits that in view of the length of services, which has been rendered by the petitioners, they would be entitled to be granted, a promotional pay scale grade pay Rs.5400/- from the date of the respective entitlement, in the light of the judgment rendered in Writ Petition No.746 of 2015(S/S) Smt. Manu Dhaundiyal and others vs. State of Uttarakhand and others.

The contention of the petitioner in the writ petition is that in fact, in compliance of the principal direction, which was rendered by the aforesaid two judgments, has been complied with by the respondents and the benefit of the Selection Pay Scale and the Grade Pay, have already been granted to those petitioners.

Learned senior counsel for the petitioner submits that she would be falling within the zone of consideration, under the principles, which had been laid down by the aforesaid two judgments and hence, her claim ought to have been favourably considered by the respondents.

Raising petitioner’s claim with regards to the grant of Selection Pay Scale and the Grade Pay considering the length of services, which has been rendered by the petitioner, learned senior counsel submits that petitioner has already approached the respondents by filing an application before the concerned authority but no decision as such, has been taken on the same, hence there is a deprivation.

Having considered the aforesaid situation, it is hereby directed that the petitioner would file afresh a detailed representation before the Additional Director, Secondary Education, Kumaon Region, Nainital-respondent no.3 within a period of ten days’ from the date of receipt of certified copy of this judgment. The respondent no.3, herein is directed to positively consider the aforesaid representation, which has been directed to be submitted by the petitioner, within a period of two months; the said respondent while deciding the representation will keep in mind the ratio of the judgment pronounced by this Court earlier, mentioned hereinabove, for the purposes of grant of Selection Pay Scale to the petitioner, carrying a Grade Pay of Rs.4800/-considering the length of services, which has been rendered by her.

Subject to the aforesaid directions, the writ petition stands disposed of.